Migrant driver without licence killed grandmother, 70, in legal loophole

A man who only had a provisional licence and failed his test twice hit and killed a pensioner after a loophole allowed him to drive on the roads alone.

Timothy Kusemi, a Nigerian national, had a provisional licence when he caused the death of Susan Whittles, 70, at a rural junction near Bridlington in East Yorkshire on November 24, 2023, an inquest heard.

But a coroner has warned foreign drivers are allowed to drive unsupervised, which British learners are forbidden from doing.

Kusemi, a Nigerian national, had already failed his British driving test twice before the fatal smash – but was still legally allowed behind the wheel.

He went on to fail a further four times after Ms Whittles’ death before finally passing on March 21, 2025 – two years and six months after becoming a UK resident.

Paying tribute to his wife, Bill Whittles, who suffered multiple fractures to his spine, ribs, and sternum and injuries to his head and face, said: ‘Sue was a lovely wife to me and best pal over the years – we were a unit. 

‘She was a much-loved Nan to Anna and Oliver, and they miss her so much.

‘A much-respected local Preacher, Guide Leader and active supporter of Riding for the Disabled – what an awful waste!’

Coroner Lorraine Harris said it was ‘noted that he [Kusemi] continued to drive beyond the 12-month limit on his national licence despite those failures’.

Government guidance allows people from countries where driving standards are not considered equivalent to the UK, including Nigeria, to drive for up to a year after becoming a resident while they obtain a British licence.

But Ms Harris warned the system creates a stark contrast with UK learners, who must be supervised and display L plates.

In a Prevention of Future Deaths report, she said: ‘Nationals of non-designated countries who fail a GB driving test are not treated in the same way as a GB resident who fails a GB driving test.’

She added: ‘A GB resident is not allowed to drive without appropriate supervision and when they are driving they must display L plates to act as a warning to other vehicles of their inexperience.’

The coroner added that foreign nationals can fail ‘any number’ of tests within their first year in the UK and still continue driving.

It means they can stay on the roads ‘despite not meeting the safety standards set by the DVSA’, she said.

Ms Harris warned the situation has ‘the potential to cause a risk of serious injury or harm to other road users’.

She also raised concern there ‘appears no provision for an examiner to withdraw the ability to drive without appropriate supervision despite a person’s failure to meet the required standards’.

Kusemi, then 41, of Lower Bedford Road, London, admitted causing death by dangerous driving and serious injury by dangerous driving on February 23.

He was jailed for six years and banned from driving for 11 years.

Following the case, Ms Harris has written to the Department for Transport and the Driver and Vehicle Standards Agency (DVSA) urging them to review the rules.

The Department for Transport must respond to the report by May 26.

A spokesperson said: ‘Every death on our roads is a tragedy, and our thoughts are with Susan’s family and loved ones.

‘We will carefully review the coroner’s findings from this tragic case to determine whether changes may be required.’

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